Communications Law: A Requirement for Affirmative Determination of the Public Interest in Restricting Services by Facilities Certification
MCI Telecommunications Corp. v. FCC, 561 F.2d 365 (D.C. Cir. 1977), cert. denied, 98 S. Ct. 781 (1978).
The dynamic technology of the communications industry does not readily lend itself to the accomplishment of rigid regulatory objectives. The rapid evolution of new forms of communication precludes specific legislative controls and hinders administrative efforts to maintain workable regulatory policies in the public interest. In MCI Telecommunications Corp. v. FCC, the District of Columbia Circuit considered the regulatory problems associated with microwave transmission systems, one of the most dynamic communication technologies. It decided that the public interests supporting administrative policies in the field should not merely be assumed; specifically, the public interest in continuing a monopolistic industry structure must be affirmatively determined before it can operate as an effective constraint on potential competition. Because the industry structure in public message telephone service has never been affirmatively determined to be in the public interest, American Telephone and Telegraph's traditional monopoly in the area has been compromised as a result of the decision. Expanded competition in other forms of telephone service is also a viable prospect.
Hallinan, Paul Gerard
"Communications Law: A Requirement for Affirmative Determination of the Public Interest in Restricting Services by Facilities Certification,"
University of Dayton Law Review: Vol. 4:
1, Article 10.
Available at: https://ecommons.udayton.edu/udlr/vol4/iss1/10